Typology and legal pathology of upstream oil and gas contracts with respect of sovereignty and national security

Document Type : Original Article

Authors

1 PhD, Management of international oil and gas contracts, Imam Sadegh University.

2 Associate Professor,Imam Sadegh University.

Abstract

The process of development and thus national security and protection of the national sovereignty of the oil exporting countries at the global level depends on the conclusion of oil contracts and how they apply their sovereignty to such contracts.
National security in the field of oil,gas and energy,which constitutes the most important economic sector of the country is affected by the extent of national sovereignty in oil contracts and the extent to which national sovereignty is observed in these contracts will also provide national security.
According to the analysis of the scientific researches investigated by qualitative research method and by the use of meta analysis and directional content analysis by open coding method as well as implementation of Holesty test for coding validation high oil and gas handheld contracts in two main categories of assessing national sovereignty and security with the components (government ownership,host government management,sovereignty) and the evaluation of law with its component (intrest laws and regulations,jurisprudential rules,international law and regulation,international financial standards and accounting) and a variety of up stream oil and gas contracts including production Sharing contracts, concession and services contracts based on the level of compliance with the above factors,appropriate approaches have been developed and appropriate legal solutions have been Presented.
 

Keywords